Joseph J. Ernster 

1333 Lowell Drive 

South Elgin, IL 60177 

October 2, 2015 

U.S. Department of Transportation 

Docket Management System 1200 

New Jersey Ave., SE Washington DC 20590 

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 ofthe 

Federal Aviation Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a); 

14 CFR 91.7(a); 14CFR 91.9(b)(2); 14 CFR 91.103 ;14 CFR 91.109; 14 CFR 91.119(c); 14 CFR 

91.121; 14 CFR 91.151(a); 14 CFR 91.203 (a) and (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) 

(1) 14 CFR 91.409 (a)(1) and (2); 14 CFR 91.417(a) and (b) 

To whom it may concern: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of2012 and 14 CFR Part 11 , 

Joseph J Ernster, hereby applies for an exemption from the listed Federal Aviation Regulations 

to allow commercial operation of a small UAS, so long as such operations are conducted within 

and under the conditions outlined herein or as my be established by the FAA as required by 

Section 333, for all operators of small Unmanned Aerial Systems (UAS) working for Joseph J. 

Ernster. Commercial operation small UAS, as described herein, which are equipped with 

cameras and sensors, would operate in the following manner: 

1. Aerial photography and/or video for public and/or private use including real estate, 

architecture, land surveying, farming, engineering and other related professional activities. 

2. Aerial video and/or photography for public and/or private use including television, public 

events, and cinematography. 

3. Aerial inspection/photography of residential/commercial structures under contract with the 

owners or local government authority. 

4. Aerial video/photography or providing live video feed to assist with search and rescue 

operations in cases of an emergency or natural disaster only when the local authorities or 

government has requested it by contract or donation. 

As described fully below, the requested exemption would permit the operation of small UAS 

under controlled conditions in the NAS that would be a) limited b) controlled c) predetermined 

and d) will provide safety enhancements to the already safe operations in the industry presently 

using conventional aircraft. Approval of this exemption would thereby enhance safety and fulfill 
the Secretary of Transportation's (the FAA Administrator's) responsibilities to, "establish 

requirements for the safe operation of such aircraft systems in the national airspace system." 

The name, phone, email and address of the applicant: 

Name: Joseph J. Ernster 

Phone: (630) 220-6400 

Email: ernsterjoseph@gmail.com 

Address: 1333 Lowell Drive 

South Elgin, IL 60177 

Regulations from which the exemption is requested: 

14 CFR Part 21 subpart H 

14 CFR 45.23 (b) 

14 CFR 61.113(a) 

14 CFR 91.7 (a) 

14 CFR 91.9 (b) (2) 

14 CFR 91.103 

14 CFR 91.109 

14 CFR 91 .119( c) 

14 CFR 91. 121 

14 CFR 91.151 (a) 

14 CFR 91.203 (a) & (b) 

14 CFR 91.405 (a) 

14 CFR 91.407 (a) (1) 

14 CFR 91.409 (a) (2) 

14 CFR 91.417 (a) & (b) 

The small VAS's that will be used are multi-rotor craft weighing no more than 55lbs. including 

payload. Under normal conditions they operate at speeds of no more than 45 Mph or 39 Knots 

and have the ability hover and move along a vertical and horizontal plane simultaneously. They 

will operate in line of sight only and by the exempted persons only obeying all other local and 

federal laws. 

Given the small size of the small UAS and the controlled environment provided, the proposed 

operations will adhere to the Reform Act's safety requirements. The approval of this application 

presents no national security issues. Regarding the level of safety surrounding the proposed 

operations and the public benefit, reduction in environmental impacts, including but not limited 

to reduced emissions and noise, the grant of the requested exemption is in the public interest. 

Accordingly the applicant requests that the FAA grant the requested exemption with minimum 

delay. 

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY 

The operation limitations proposed for an equivalent or higher level of safety because operations 

will further enhance the safety of the persons and/or property using conventional aircraft. 

These limitations and conditions to which the applicant agrees to adhere to when conducting 
commercial operations under the FAA issued exemption as set forth in the Flight Operations 

Manual (FOM) include: 

1. The small UAS will weigh less than 55 lbs. 

2. Flights will be operated within line of sight of a pilot and/or observer. 

3. Maximum flight time for each operational flight will be 30 minutes. Flights will be terminated 

at 25% battery power reserve or 30 minutes of flight time whichever occurs first. 

4. Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL) 

and not more than 200 feet above an elevated platform from which filming is planned. 

5. Minimum crew for each operation will consist of the small UAS Pilot in Command (PIC), the 

Visual Observer (VO) when needed and may include but not limited to a Camera Operator. 

6. A briefing will be performed regarding the planned small UAS operations prior to each day's 

flight consisting of all the days' production activities. 

7. The PIC will obtain verbal/written consent of all persons involved with the planned operation 

and ensure that only consenting persons will be allowed within 100 feet of the flight operation, 

and the radius may be reduced to 30 feet based upon an equivalent level of safety 

determination, as required under the FOM. With the advanced permission or direction of the 

FSDO, operations at closer range may be approved. 

8. The PIC and VO will have been trained in operation of small UAS and receive up-to-date 

information for the particular small UAS to be operated and will be able to show upon request 

their competent ability to operate the small UAS and/or Camera. 

9. The PIC and VO will be able to communicate by voice, radio, and/or text at all times. 

10. Written and/or verbal permission and permits will be obtained from territorial, state, county 

or city jurisdictions, including law enforcement, fire or other appropriate governmental agencies 

when needed. 

11. If the small UAS loses communications or loses GPS signal, the small UAS will have the 

capability to return to a pre-determined location within a designated location and land 

autonomously. 

12. The small UAS will have the capability to abort a flight in case ofunpredicted obstacles, 

weather, or emergencies. 

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) 

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the 

issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and 
limited operating area associated with the aircraft to be utilized by the Applicant, an exemption 

from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and 

Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 

ofthe Reform Act both authorize the FAA to exempt aircraft from the requirement for an 

airworthiness certificate, upon consideration of the size, weight, speed, operational capability, 

and proximity to airports and populated areas of the particular small UAS. In all cases, an 

analysis of these criteria demonstrates that the small UAS operated without an airworthiness 

certificate, in the restricted environment and under the conditions proposed will be at 

least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an 

airworthiness certificate without the restrictions and conditions proposed. The small UAS to be 

operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries 

no explosive materials or flammable liquid fuels, and operates exclusively within a secured and 

designated area. Unlike other civil aircraft, operations under this exemption will be tightly 

controlled and monitored by both the operator and under the requirements and in compliance 

with local public safety requirements. These safety enhancements provide a greater degree of 

safety to the public and property owners than conventional operations conducted with 

airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these 

same criteria demonstrates that there is no credible threat to national security posed by the small 

UAS, due to its size, speed of operation, location of operation, lack of explosive materials or 

flammable liquid fuels, and inability to carry a substantial external load. 

14 C.F.R. § 45.23 (b). Marking of the Aircraft 

The regulation requires: When marks include only the Roman capital letter "N" and the 

registration number is displayed on limited, restricted or light-sport category aircraft or 

experimental or provisionally certificated aircraft, the operator must also display on that aircraft 

near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more 

than 6 inches high, the words "limited," "restricted," "light-sport," "experimental," or 

"provisional," as applicable. Even though the small UAS will have no airworthiness certificate, 

an exemption may be needed as the small UAS will have no entrance to the cabin, cockpit or 

pilot station on which the word "Experimental" can be placed. Given the size of the small UAS, 

two-inch lettering will be impossible. The word "Experimental" will be placed on the fuselage in 

compliance with §45 .29 (f). The equivalent level of safety will be provided by having the small 

UAS marked on its fuselage as required by §45.29 (f) where the pilot, observer and others 

working with the small UAS will see the identification of the small UAS as "Experimental." 

14 C.F.R. § 61.113(a): Private Pilot Privileges and Limitations: Pilot in Command. 

Pursuant to 14 CFR 61.113 (a), no person who holds a private pilot certificate may act as a pilot 

in command of an aircraft that is carrying passengers or property for compensation or hire. Our 

small UAS do not carry any pilots or passengers nor property therefore I am seeking an 

exemption to 14 CFR 61.113( a). Although helpful, a pilot's license will not ensure remote 

control piloting skills. The risks attendant to the operation of small UAS is far less than the risk 

levels inherent in the commercial activities outlined in 14 CFR 61. I feel the operation and 

limitations set forth in the FOM will equate to the safe operation of the small UAS. 
14 C.F.R. §91.7(a): Civil Aircraft Airworthiness. 

The regulation requires that no person may operate a civil aircraft unless it is in airworthy 

condition. As there will be no airworthiness certificate issued for the aircraft, should this 

exemption be granted, no FAA regulatory standard will exist for determining airworthiness. 

Given the size of the aircraft for maintenance and use of safety checklists prior to each flight an 

equivalent level of safety will be provided. 

14 C.F.R. § 91.9 (b) (2}: Civil Aircraft Flight Manual in the Aircraft. 

Section 91.9 (b) (2) provides: No person may operate a U.S.-registered civil aircraft ... (2) For 

which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless 

there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, 

approved manual material, markings, and placards, or any combination thereof. The small UAS, 

given its size and configuration has no ability or place to carry such a flight manual on the 

aircraft, not only because there is no pilot on board, but because there is no room or capacity to 

carry such an item on the aircraft. The equivalent level of safety will be maintained by keeping 

the flight manual at the ground control point where the pilot flying the small UAS will have 

immediate access to it. 

14 C.F.R. § 91.103: Preflight Action. 

This regulation requires each pilot in command to take certain actions before flight to insure the 

safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft 

an exemption will be needed. The OPERA TOR will take all actions including reviewing 

weather, flight battery requirements, landing and takeoff distances and aircraft performance data 

before initiation of flight. 

14 C.F.R. §91.109: Flight Instruction. 

Section 91.103 provides that no person may operate a civil aircraft (except a manned free 

balloon) that is being used for flight instruction unless that aircraft has fully functioning dual 

controls. Small UAS and remotely piloted aircraft, by their design do not have fully functional 

dual controls. Flight control is accomplished through the use of a control box that communicates 

with the aircraft via radio communications. The FAA has approved exemptions for flight training 

without fully functional dual controls for a number of aircraft and for flight instruction in 

experimental aircraft. The equivalent level of safety provided by the fact that neither a pilot nor 

passengers will be carried in the aircraft and by the size and speed of the aircraft. 

14 C.F.R. §91.119: Minimum Safe Altitudes. 

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows 

helicopters to be operated at less than the minimums prescribed, provided the person operating 

the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this 

exemption is for a small UAS that is a helicopter and the exemption requests authority to operate 

at altitudes up to 400 AGL, or not more than 200 above an elevated platform from which filming 
is planned, an exemption may be needed to allow such operations. As set forth herein, the small 

UAS will never operate at higher than 400 AGL with the exception that in circumstances where 

the small UAS is used to survey or photograph a structure whose height exceeds 400 feet AGL, 

the small UAS will not be operated more than 1 00' above the highest point on the structure. It 

will however be operated in a restricted area with security perimeter, where buildings and people 

will not be exposed to operations without their pre obtained consent. The equivalent level of 

safety will be achieved given the size, weight, speed of the small UAS as well as the location 

where it is operated. No flight will be taken without the permission of the property owner or 

local officials. Because of the advance notice to the property owner and participants in the 

filming activity, all affected individuals will be aware of the planned flight operations. 

Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum 

551 bs. proposed herein and the lack of flammable fuel, any risk associated with these operations 

is far less than those presently presented with conventional aircraft operating at or below 500 

AGL. In addition, the low-altitude operations of the small UAS will ensure separation between 

these small- UAS operations and the operations of conventional aircraft that must comply with 

Section 91.119. 

14 C.F.R. §91.121 Altimeter Settings. 

This regulation requires each person operating an aircraft to maintain cruising altitude by 

reference to an altimeter that is set "to the elevation ofthe departure airport or an appropriate 

altimeter setting available before departure." As the small UAS may not have a barometric 

altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level 

of safety will be achieved by the operator, pursuant to the safety check list and live flight data 

monitoring, confirming the altitude of the launch site shown on the GPS altitude indicator before 

flight. 

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions 

Section 91.151 (a) prohibits an individual from begim1ing "a flight in an airplane under VFR 

conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly 

to the first point of intended landing, and, assuming normal cruising speed- (1) During the day, 

to fly after that for at least 30 minutes; or {2} At night, to fly after that for at least 45 minutes." 

The battery powering the small UAS provides approximately 30 minutes of powered flight. To 

meet the 30 minute reserve requirement in 14 CFR §91.151, small UAS flights would be limited 

to approximately 10 minutes in length. Given the limitations on the small UAS's proposed flight 

area and the location of its proposed operations within a predetermined area, a longer time frame 

for flight in daylight or twilight VFR conditions is reasonable. Applicant believes that an 

exemption from 14 CFR §91.151 {a) falls within the scope of prior exemptions. 

Operating the small UAS, in a tightly controlled area where only people and property owners or 

official representatives who have signed waivers will be allowed, with less than 30 minutes of 

reserve fuel, does not engender the type of risks that Section 91.151 {a) was intended to alleviate 

given the size and speed ofthe small UAS. Additionally, limiting small UAS flights to 10 

minutes would greatly reduce the utility for which the exemption will be granted. Applicant 

believes that an equivalent level of safety can be achieved by limiting flights to 30 minutes or 
25% of battery power- whichever happens first. This restriction would be more than adequate to 

return the small UAS to its planned landing zone from anywhere in its limited operating area. 

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration 

The regulation provides in pertinent part: 

(a) Except as provided in§ 91.715, no person may operate a civil aircraft unless it has within it 

the following: 

(1) An appropriate and current airworthiness certificate .... 

(b) No person may operate a civil aircraft unless the airworthiness certificate required by 

paragraph (a) ofthis section or a special flight authorization issued under §91.715 is displayed at 

the cabin or cockpit entrance so that it is legible to passengers or crew. 

The small UAS fully loaded weighs no more than 55 lbs. and is operated without an on board 

pilot. As such, there is no ability or place to carry certification and registration documents or to 

display them on the small UAS. An equivalent level of safety will be achieved by keeping these 

documents at the ground control point where the pilot flying the small UAS will have immediate 

access to them; to the extent they are applicable to the small UAS. 

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections. 

These regulations require that an aircraft operator or owner "shall have that aircraft inspected as 

prescribed in subpart E of this part and shall between required inspections, except as provided in 

paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 ofthis chapter," 

and others shall inspect or maintain the aircraft in compliance with Part 43. Given that these 

section and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not 

apply to the applicant. Maintenance will be accomplished by the operator pursuant to the flight 

manual and operating handbook. An equivalent level of safety will be achieved because these 

small UASs are very limited in size and will carry a small payload and operate only in restricted 

areas for limited periods of time. If mechanical issues arise the small UAS can land immediately 

and will be operating from no higher than 400 feet AGL. The operator will ensure that the small 

UAS is in working order prior to initiating flight, perform required maintenance, and keep a log 

of any maintenance performed. Moreover, the operator is the person most familiar with the 

aircraft and best suited to maintain the aircraft in an airworthy condition to provide the 

equivalent level of safety. An equivalent level of safety will be achieved because maintenance 

and inspections will be performed in accordance with the small UAS Manufacturer's Manual, as 

referenced in the Aircraft Operations Manual (AOM}. As provided in the FOM, the operator will 

ensure that the small UAS is in working order prior to initiating flight and perform required 

maintenance needed. 

Small UAS Information 

Small UAS's to be used are as follows but not limited to providing they are within the scope of 

the exemption granted by the FAA: 
1. DJI Phantom 3 

Weight (Battery & Propellers Included) -2.8211 bs. 

Hover Accuracy- Vertical:+/- .33ft (when Vision Positioning is active) or+/- 1.64ft 

Horizontal: +/- 4.9 ft 

Max Yaw Angular Velocity -200°/s 

Max Tilt Angel -35° 

Max Ascent Speed -16 ft/s 

Max Descent Speed- 9 ft/s 

Max Flight Speed -36m ph 

DJI Phantom 3 Battery 

o DJI 4480mAH LiPo Battery 

DJI Phantom 3 Gimbal 

Controllable Range- Pitch -90 degrees to +30 degrees 

Stabilization- 3-axis (pitch, roll, yaw) 

DJI Phantom 3 Camera 

o Operating Temperature Range -32°F -104°F 

o Sensor Size -1/2.3 in. 

o Effective Pixels -14M 

o Resolution -4384x3288 

o HD Video Recording 

• UHD: 4096x2160p 24/25, 3840x2160p 24/25/30 

• FHD: 1920xl 080p 24/25/30/48/50/60 

• HD: 1280x720p 24/25/30/48/50/60 

o Recording Field of View -110°/85° 

DJI Phantom 3 Transmitter 

o Operating Frequency -2.400GHz -2.483GHz 

o Communication Distance (unobstructed) -FCC Compliance: 2400 ft 

o Receiver Sensitivity (1%PER) -lOldbm +/- 2dbm 

o Transmitter Power -FCC Compliance: 20dbm 

CE: 16dbm 

Conclusion 

Thank you for the consideration of these exemptions. 

Sincerely, 

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